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Galati Still Fighting: Lawsuit Against The Bank of Canada Isn't Over Just Yet

For the last several years that the Bank of Canada lawsuit has been before the courts, Rocco Galati and his client COMER had continually been having a string of success on seeing the courts allow the case to move forward. This was despite various attempts from the government to have the case thrown out. However, in the beginning of 2016 the case looked like it reached its end when the court ordered them to have their amended claim struck entirely.

But the fight isn't over just yet. Galati has posted an update about the case and has indicated that Justice Russell overturned the Federal court of Appeal's decision when he made a decision on the government's second motion to strike. “Justice Russell, in law, inexplicably reversed himself from the earlier decision,” says Galati about the switch. “In his earlier decision he had refused to strike large portions of the claim, most notably the facts going to the declaratory relief sought as the Bank of Canada and the constitutional issues.

The Federal Court of Appeal had previously upheld the decision of Justice Russell, back in April of 2014, so when Justice Russell early this year decided to reverse his earlier decision, Galati says that he effectively “overturned the Federal court of Appeal's decision” which was upholding Russell's earlier decision, and this is “contrary to law,” says Galati. Following the decision of Justice Russell on February 8 2016, COMER again filed an appeal to the Federal Court of Appeal on March 3, 2016.

Galati warns that if redress is not had at the Federal Court of Appeal, then he and COMER are committed to taking the case all the way to the Supreme Court of Canada. They aren't ready to give up on this one just yet.